[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 614 Reported in Senate (RS)]





                                                       Calendar No. 271

106th CONGRESS

  1st Session

                                 S. 614

                          [Report No. 106-151]

_______________________________________________________________________

                                 A BILL

  To provide for regulatory reform in order to encourage investment, 
business, and economic development with respect to activities conducted 
                            on Indian lands.

_______________________________________________________________________

                           September 8, 1999

                       Reported with an amendment





                                                       Calendar No. 271
106th CONGRESS
  1st Session
                                 S. 614

                          [Report No. 106-151]

  To provide for regulatory reform in order to encourage investment, 
business, and economic development with respect to activities conducted 
                            on Indian lands.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 1999

 Mr. Campbell (for himself, Mr. Inouye, and Mr. Hatch) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

                           September 8, 1999

              Reported by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To provide for regulatory reform in order to encourage investment, 
business, and economic development with respect to activities conducted 
                            on Indian lands.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
<DELETED>    This Act may be cited as the ``Indian Tribal Regulatory 
Reform and Business Development Act of 1999''.</DELETED>

<DELETED>SEC. 2. FINDINGS; PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) despite the availability of abundant natural 
        resources on Indian lands and a rich cultural legacy that 
        accords great value to self-determination, self-reliance, and 
        independence, American Indians and Alaska Natives suffer rates 
        of unemployment, poverty, poor health, substandard housing, and 
        associated social ills to a greater degree than any other group 
        in the United States;</DELETED>
        <DELETED>    (2) the capacity of Indian tribes to build strong 
        tribal governments and vigorous economies is hindered by the 
        inability of Indian tribes to engage communities that surround 
        Indian lands and outside investors in economic activities 
        conducted on Indian lands;</DELETED>
        <DELETED>    (3) beginning in 1970, with the issuance by the 
        Nixon Administration of a special message to Congress on Indian 
        Affairs, each President has confirmed the special government-
        to-government relationship between Indian tribes and the United 
        States; and</DELETED>
        <DELETED>    (4) the United States has an obligation to assist 
        Indian tribes with the creation of appropriate economic and 
        political conditions with respect to Indian lands to--
        </DELETED>
                <DELETED>    (A) encourage investment from outside 
                sources that do not originate with the Indian tribes; 
                and</DELETED>
                <DELETED>    (B) facilitate economic development on 
                Indian lands.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are as 
follows:</DELETED>
        <DELETED>    (1) To provide for a comprehensive review of the 
        laws (including regulations) that affect investment and 
        business decisions concerning activities conducted on Indian 
        lands.</DELETED>
        <DELETED>    (2) To determine the extent to which those laws 
        unnecessarily or inappropriately impair--</DELETED>
                <DELETED>    (A) investment and business development on 
                Indian lands; or</DELETED>
                <DELETED>    (B) the financial stability and management 
                efficiency of tribal governments.</DELETED>
        <DELETED>    (3) To establish an authority to conduct the 
        review under paragraph (1) and report findings and 
        recommendations that result from the review to Congress and the 
        President.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Authority.--The term ``Authority'' means the 
        Regulatory Reform and Business Development on Indian Lands 
        Authority.</DELETED>
        <DELETED>    (2) Federal agency.--The term ``Federal agency'' 
        means an agency, as that term is defined in section 551(1) of 
        title 5, United States Code.</DELETED>
        <DELETED>    (3) Indian.--The term ``Indian'' has the meaning 
        given that term in section 4(d) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b(d)).</DELETED>
        <DELETED>    (4) Indian lands.--The term ``Indian lands'' has 
        the meaning given that term in section 4(4) of the Indian 
        Gaming Regulatory Act (25 U.S.C. 2703(4)).</DELETED>
        <DELETED>    (5) Indian tribe.--The term ``Indian tribe'' has 
        the meaning given that term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b(e)).</DELETED>
        <DELETED>    (6) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.</DELETED>
        <DELETED>    (7) Tribal organization.--The term ``tribal 
        organization'' has the meaning given that term in section 4(l) 
        of the Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 450b(l)).</DELETED>

<DELETED>SEC. 4. ESTABLISHMENT OF AUTHORITY.</DELETED>

<DELETED>    (a) Establishment.--</DELETED>
        <DELETED>    (1) In general.--Not later than 60 days after the 
        date of enactment of this Act, the Secretary, in consultation 
with the Secretary of the Interior and other officials whom the 
Secretary determines to be appropriate, shall establish an authority to 
be known as the Regulatory Reform and Business Development on Indian 
Lands Authority.</DELETED>
        <DELETED>    (2) Purpose.--The Secretary shall establish the 
        Authority under this subsection in order to facilitate 
        identifying and subsequently removing obstacles to investment, 
        business development, and the creation of wealth with respect 
        to the economies of Indian reservations.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) In general.--The Authority established under 
        this section shall be composed of 21 members.</DELETED>
        <DELETED>    (2) Representatives of indian tribes.--12 members 
        of the Authority shall be representatives of the Indian tribes 
        from the areas of the Bureau of Indian Affairs. Each such area 
        shall be represented by such a representative.</DELETED>
<DELETED>    (c) Initial Meeting.--Not later than 90 days after the 
date of enactment of this Act, the Authority shall hold its initial 
meeting.</DELETED>
<DELETED>    (d) Review.--Beginning on the date of the initial meeting 
under subsection (c), the Authority shall conduct a review of laws 
(including regulations) relating to investment, business, and economic 
development that affect investment and business decisions concerning 
activities conducted on Indian lands.</DELETED>
<DELETED>    (e) Meetings.--The Authority shall meet at the call of the 
chairperson.</DELETED>
<DELETED>    (f) Quorum.--A majority of the members of the Authority 
shall constitute a quorum, but a lesser number of members may hold 
hearings.</DELETED>
<DELETED>    (g) Chairperson.--The Authority shall select a chairperson 
from among its members.</DELETED>

<DELETED>SEC. 5. REPORT.</DELETED>

<DELETED>    Not later than 1 year after the date of enactment of this 
Act, the Authority shall prepare and submit to the Committee on Indian 
Affairs of the Senate, the Committee on Resources of the House of 
Representatives, and to the governing body of each Indian tribe a 
report that includes--</DELETED>
        <DELETED>    (1) the findings of the Authority concerning the 
        review conducted under section 4(d); and</DELETED>
        <DELETED>    (2) such recommendations concerning the proposed 
        revisions to the laws that were subject to review as the 
        Authority determines to be appropriate.</DELETED>

<DELETED>SEC. 6. POWERS OF THE AUTHORITY.</DELETED>

<DELETED>    (a) Hearings.--The Authority may hold such hearings, sit 
and act at such times and places, take such testimony, and receive such 
evidence as the Authority considers advisable to carry out the duties 
of the Authority.</DELETED>
<DELETED>    (b) Information From Federal Agencies.--The Authority may 
secure directly from any Federal department or agency such information 
as the Authority considers necessary to carry out the duties of the 
Authority.</DELETED>
<DELETED>    (c) Postal Services.--The Authority may use the United 
States mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.</DELETED>
<DELETED>    (d) Gifts.--The Authority may accept, use, and dispose of 
gifts or donations of services or property.</DELETED>

<DELETED>SEC. 7. AUTHORITY PERSONNEL MATTERS.</DELETED>

<DELETED>    (a) Compensation of Members.--</DELETED>
        <DELETED>    (1) Non-federal members.--Members of the Authority 
        who are not officers or employees of the Federal Government 
        shall serve without compensation, except for travel expenses, 
        as provided under subsection (b).</DELETED>
        <DELETED>    (2) Officers and employees of the federal 
        government.--Members of the Authority who are officers or 
        employees of the United States shall serve without compensation 
        in addition to that received for their services as officers or 
        employees of the United States.</DELETED>
<DELETED>    (b) Travel Expenses.--The members of the Authority shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Authority.</DELETED>
<DELETED>    (c) Staff.--</DELETED>
        <DELETED>    (1) In general.--The chairperson of the Authority 
        may, without regard to the civil service laws, appoint and 
        terminate such personnel as may be necessary to enable the 
        Authority to perform its duties.</DELETED>
        <DELETED>    (2) Procurement of temporary and intermittent 
        services.--The chairperson of the Authority may procure 
        temporary and intermittent service under section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed under GS-13 of the General Schedule established 
        under section 5332 of title 5, United States Code.</DELETED>

<DELETED>SEC. 8. TERMINATION OF THE AUTHORITY.</DELETED>

<DELETED>    The Authority shall terminate 90 days after the date on 
which the Authority has submitted, to the committees of Congress 
specified in section 5, and to the governing body of each Indian tribe, 
a copy of the report prepared under section 5.</DELETED>

<DELETED>SEC. 9. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE 
              ACT.</DELETED>

<DELETED>    The activities of the authority conducted under this title 
shall be exempt from the Federal Advisory Committee Act (5 U.S.C. 
App.).</DELETED>

<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary to carry out this Act, to remain available until 
expended.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Tribal Regulatory Reform and 
Business Development Act of 1999''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) despite the availability of abundant natural resources 
        on Indian lands and a rich cultural legacy that accords great 
        value to self-determination, self-reliance, and independence, 
        Native Americans suffer rates of unemployment, poverty, poor 
        health, substandard housing, and associated social ills which 
        are greater than the rates for any other group in the United 
        States;
            (2) the capacity of Indian tribes to build strong Indian 
        tribal governments and vigorous economies is hindered by the 
        inability of Indian tribes to engage communities that surround 
        Indian lands and outside investors in economic activities 
        conducted on Indian lands;
            (3) beginning in 1970, with the issuance by the Nixon 
        Administration of a special message to Congress on Indian 
        Affairs, each President has reaffirmed the special government-
        to-government relationship between Indian tribes and the United 
        States; and
            (4) the United States has an obligation to assist Indian 
        tribes with the creation of appropriate economic and political 
        conditions with respect to Indian lands to--
                    (A) encourage investment from outside sources that 
                do not originate with the Indian tribes; and
                    (B) facilitate economic development on Indian 
                lands.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To provide for a comprehensive review of the laws 
        (including regulations) that affect investment and business 
        decisions concerning activities conducted on Indian lands.
            (2) To determine the extent to which those laws 
        unnecessarily or inappropriately impair--
                    (A) investment and business development on Indian 
                lands; or
                    (B) the financial stability and management 
                efficiency of Indian tribal governments.
            (3) To establish an authority to conduct the review under 
        paragraph (1) and report findings and recommendations that 
        result from the review to Congress and the President.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Authority.--The term ``Authority'' means the Regulatory 
        Reform and Business Development on Indian Lands Authority.
            (2) Federal agency.--The term ``Federal agency'' means an 
        agency, as that term is defined in section 551(1) of title 5, 
        United States Code.
            (3) Indian.--The term ``Indian'' has the meaning given that 
        term in section 4(d) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(d)).
            (4) Indian lands.--
                    (A) In general.--The term ``Indian lands'' includes 
                lands under the definition of--
                            (i) the term ``Indian country'' under 
                        section 1151 of title 18, United States Code; 
                        or
                            (ii) the term ``reservation'' under--
                                    (I) section 3(d) of the Indian 
                                Financing Act of 1974 (25 U.S.C. 
                                1452(d)); or
                                    (II) section 4(10) of the Indian 
                                Child Welfare Act of 1978 (25 U.S.C. 
                                1903(10)).
                    (B) Former indian reservations in oklahoma.--For 
                purposes of applying section 3(d) of the Indian 
                Financing Act of 1974 (25 U.S.C. 1452(d)) under 
                subparagraph (A)(ii), the term ``former Indian 
                reservations in Oklahoma'' shall be construed to 
                include lands that are--
                            (i) within the jurisdictional areas of an 
                        Oklahoma Indian tribe (as determined by the 
                        Secretary of the Interior); and
                            (ii) recognized by the Secretary of the 
                        Interior as eligible for trust land status 
                        under part 151 of title 25, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of this Act).
            (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (7) Tribal organization.--The term ``tribal organization'' 
        has the meaning given that term in section 4(l) of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450b(l)).

SEC. 4. ESTABLISHMENT OF AUTHORITY.

    (a) Establishment.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of the Interior and other officials whom the 
        Secretary determines to be appropriate, shall establish an 
        authority to be known as the Regulatory Reform and Business 
        Development on Indian Lands Authority.
            (2) Purpose.--The Secretary shall establish the Authority 
        under this subsection in order to facilitate the identification 
        and subsequent removal of obstacles to investment, business 
        development, and the creation of wealth with respect to the 
        economies of Native American communities.
    (b) Membership.--
            (1) In general.--The Authority established under this 
        section shall be composed of 21 members.
            (2) Representatives of indian tribes.--12 members of the 
        Authority shall be representatives of the Indian tribes from 
        the areas of the Bureau of Indian Affairs. Each such area shall 
        be represented by such a representative.
            (3) Representatives of the private sector.--No fewer than 4 
        members of the Authority shall be representatives of 
        nongovernmental economic activities carried out by private 
        enterprises in the private sector.
    (c) Initial Meeting.--Not later than 90 days after the date of 
enactment of this Act, the Authority shall hold its initial meeting.
    (d) Review.--Beginning on the date of the initial meeting under 
subsection (c), the Authority shall conduct a review of laws (including 
regulations) relating to investment, business, and economic development 
that affect investment and business decisions concerning activities 
conducted on Indian lands.
    (e) Meetings.--The Authority shall meet at the call of the 
chairperson.
    (f) Quorum.--A majority of the members of the Authority shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Chairperson.--The Authority shall select a chairperson from 
among its members.

SEC. 5. REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
Authority shall prepare and submit to the Committee on Indian Affairs 
of the Senate, the Committee on Resources of the House of 
Representatives, and to the governing body of each Indian tribe a 
report that includes--
            (1) the findings of the Authority concerning the review 
        conducted under section 4(d); and
            (2) such recommendations concerning the proposed revisions 
        to the laws that were subject to review as the Authority 
        determines to be appropriate.

SEC. 6. POWERS OF THE AUTHORITY.

    (a) Hearings.--The Authority may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence 
as the Authority considers advisable to carry out the duties of the 
Authority.
    (b) Information From Federal Agencies.--The Authority may secure 
directly from any Federal department or agency such information as the 
Authority considers necessary to carry out the duties of the Authority.
    (c) Postal Services.--The Authority may use the United States mails 
in the same manner and under the same conditions as other departments 
and agencies of the Federal Government.
    (d) Gifts.--The Authority may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 7. AUTHORITY PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) Non-federal members.--Members of the Authority who are 
        not officers or employees of the Federal Government shall serve 
        without compensation, except for travel expenses as provided 
        under subsection (b).
            (2) Officers and employees of the federal government.--
        Members of the Authority who are officers or employees of the 
        United States shall serve without compensation in addition to 
        that received for their services as officers or employees of 
        the United States.
    (b) Travel Expenses.--The members of the Authority shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Authority.
    (c) Staff.--
            (1) In general.--The chairperson of the Authority may, 
        without regard to the civil service laws, appoint and terminate 
        such personnel as may be necessary to enable the Authority to 
        perform its duties.
            (2) Procurement of temporary and intermittent services.--
        The chairperson of the Authority may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code, at rates for individuals that do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed 
        under GS-13 of the General Schedule established under section 
        5332 of title 5, United States Code.

SEC. 8. TERMINATION OF THE AUTHORITY.

    The Authority shall terminate 90 days after the date on which the 
Authority has submitted a copy of the report prepared under section 5 
to the committees of Congress specified in section 5 and to the 
governing body of each Indian tribe.

SEC. 9. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.

    The activities of the Authority conducted under this title shall be 
exempt from the Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act, to remain available until expended.